07 main contents of project of the Law on Housing (amended) in Vietnam

Regarding this issue, LawNet answers as follows:

The Government passed Resolution 27/NQ-CP dated February 28, 2023, at the thematic meeting on lawmaking in February 2023.

1. Agreement on developing 07 Law projects in Vietnam

According to Resolution 27/NQ-CP, the Government set out and agreed on many contents of the 07 Law projects, including:

- Capital Law (amended);

- Law amending a number of articles of the Law on Property Auctions;

- Law on People's Air Defense;

- Law on Management and Protection of National Defense Works and Military Zones;

- Law on housing (amended);

- Law on Real Estate Business (amended);

- Telecommunications Law (amended).

07 main contents of project of the Law on Housing (amended) in Vietnam (Internet image) 

2. 07 main contents of the Housing Law project (amended)

According to Resolution 27/NQ-CP, the Government basically agrees on the content of the Law project. The Ministry of Construction researches and receives the maximum number of comments from Government members, continuing to improve the content of the draft Law, ensuring the following requirements:

- Regulations on policies for apartment buildings: duration of use of apartment buildings; cases where apartment buildings must be demolished; rights, obligations, and responsibilities of the subjects, in accordance with the provisions of the Constitution, consistent with the provisions of the Civil Code, Construction Law, and Land Law, ensuring harmony between the interests of the people, the state, and businesses.

- It is necessary to flexibly regulate the housing development program for localities and reduce administrative procedures so that localities can proactively implement it.

Regulates the responsibilities of the Provincial People's Committee in planning and arranging land funds for social housing construction in the province's housing construction land fund without regulating the proportion of land reserved for social housing for each project to be flexible and consistent with reality;

There is an effective mechanism to mobilize private sector resources for social housing development, attaching investor responsibility to social housing construction and contributing to effectively implementing the Government's goals.
in drastically implementing the investment project to build at least 01 million social housing apartments for low-income people and industrial park workers in the period 2021–2030.

- Complete regulations that investors can allocate private land funds to build commercial and service business projects within the scope of social housing projects, ensure harmony of interests of the people, the State and investors, promote development, ensure publicity, transparency, and consistency with the draft Land Law (amended) and relevant laws, regarding the arrangement of land funds for social housing development, it is stipulated that in case there are 02 or more investors, bidding will be carried out to select investors according to the law on bidding, ensuring fairness among investors.

- Determine the selling price, rental, and lease purchase of social housing not built by the State on the basis of a correct and complete calculation of reasonable and valid costs of the enterprise, normed profits, and excluding State incentives; make it public, transparent, and harmonizing the interests of all parties to encourage businesses to invest.

- Continue to research and complete regulations allowing investors with the right to use residential land or other land (except agricultural land and non-agricultural land with annual land rental payments) to carry out commercial housing projects in accordance with the plan when qualified to be investors. There is a policy to own the houses of foreign organizations and individuals associated with rented land to suit reality.

- Ensure consistency and synchronization between the Laws: Housing, Real Estate Business, Land and other specialized laws with the Notary Law, it is necessary to amend in the following direction:

+ The Housing Law and other specialized laws clearly stipulate transactions that must be notarized and authenticated regarding housing and other assets;

+ The Notary Law regulates the order and procedures for notarizing such transactions.

Thoroughly review and ensure that the content of the draft Housing Law (amended) is consistent and synchronized with the Laws: Investment, Real Estate Business, Land, Construction, Management, and Use of Public Assets, etc.

- In the process of completing and revising the draft Law, it is necessary to strengthen consultation and get opinions from a wide range of subjects, experts, scientists, businesses, etc. to continue researching and completing the Law project.

More details can be found in Resolution 27/NQ-CP, dated February 28, 2023.

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